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Appeals Court Overturns Decision on TheDirty.com in a Win For Free Speech

Lee Rowland,
Policy Director,
NYCLU
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June 16, 2014

The Sixth Circuit Court of Appeals issued a decision today in Jones v. Dirty World Entertainment, a case in which the 勛圖眻畦 filed an amicus brief alongside other organizations urging the Sixth Circuit to reverse a lower courts decision holding a website and its editor accountable for defamatory posts submitted by the websites users. (Here is our prior blog post explaining the case, and the website itself, .)

The lower court had held that by encouraging negative content, the website could be held liable when its users went beyond critical and posted something unlawful. We argued this result was wrong and very dangerous for all kinds of valuable online speech, including online reviews and other consumer-driven sites. Think, for example, of a consumer protection that encourages users to submit reports of defective products, or a where users can share stories about companies filing aggressive take-down letters demanding that speech be removed from the internet.

Our amicus reminded the court to remember the incredible public value in this kind of negative or critical speech; its certainly not something youre going to get from the companies themselves. And its only if websites offer platforms for this kind of critical speech that consumers can speak, listen, and connect to get this kind of information.

Today, the Sixth Circuit, in a case of first impression in this Circuit, agreed with our arguments, and recognized the importance of websites that allow and even encourage critical content. The court noted:

Some of this content will be unwelcome to otherse.g., unfavorable reviews of consumer products and services, allegations of price gouging, complaints of fraud on consumers, reports of bed bugs, collections of cease-and-desist notices relating to online speech.Under an encouragement test of development, these websites would lose the immunity under the CDA and be subject to hecklers suits aimed at the publisher.

The Sixth Circuits opinion rightly recognizes the essential value of user-submitted online speech, including critical speech that helps consumers and reviewers connect and share their experiences. Todays decision reaffirms the importance of that speech to a free and robust internet, and ensures that websites can offer spaces for community criticism without risking constant litigation over the comments of its users.

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